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2017 Supreme(Bom) 178

S.C.DHARMADHIKARI, B.P.COLABAWALLA
Jayram Vishram Gangawane – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.K. Mendadkar
For the Respondent: Mr. P.G. Sawant, AGP

JUDGMENT :

S.C. Dharmadhikari, J.

Rule. Respondents waive service. By consent, rule made returnable forthwith.

2. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner challenges an order dated 7th January, 2017 whereby the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane has invalidated his tribe claim.

3. The Petitioner has on the basis of a tribe certificate issued to him by the Competent Authority, sought an employment and opportunity to serve Food Corporation of India. The Food Corporation of India, through its Assistant General Manager (personnel) is impleaded as a Respondent, because that authority employed the Petitioner on 13th January, 1976. The Petitioner retired on superannuation on 31st July, 2014.

4. The Petitioner was appointed as a Peon in this Respondent No.4 Corporation in open category. The Petitioner says that his service record was blemishless and that is why he was promoted to the post of Assistant Grade-III on 15th December, 1979 again in open category. Thereafter, he was promoted to the post of Assistant Grade-II on 9th February, 2001. This was against an open post.

5. However, his promotion to Assistant Grade-I
























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